Understanding CARES Act Notice Requirements for Housing Providers and Residents in North Carolina and South Carolina
By: Gentry Collins Chubb – North Carolina & South Carolina Licensed Senior Associate
with Brownlee Whitlow & Praet
The COVID-19 pandemic reshaped the landscape of landlord-tenant law in ways that still affect evictions today. One of the most significant federal measures was the Coronavirus Aid, Relief, and Economic Security (CARES) Act, enacted in March 2020. While the original federal eviction moratorium has ended, the CARES Act’s 30-day notice requirement remains in place for many rental properties.
Section 4024 of the CARES Act prohibited new eviction filings for nonpayment of rent at a “covered dwelling” during the moratorium and prohibited housing providers from charging fees for late rent. Section 4024(c), established a requirement that housing providers of covered properties must provide at least 30 days’ notice to vacate before requiring a resident to vacate a “covered dwelling”.
A “covered property” includes: (1) properties participating in a covered housing program (e.g., Section 8); (2) properties with a federally backed mortgage loan through Fannie Mae, Freddie Mac, FHA, VA, USDA or a federally backed multifamily mortgage loan; or (3) properties receiving federal funding.
Even though the moratorium expired, the 30-day notice requirements have not. Several courts across the country, including some in North Carolina and South Carolina, have ruled that housing providers of covered properties must still comply with this federal rule, even if local laws allow shorter notice periods.
Federal Requirements of Section 4024(c) of the CARES Act Requirements
If you own or manage a covered property:
- You must give resident(s) notice to vacate providing for at least 30 days’ to vacate for nonpayment; and
- You cannot remove the resident(s) until the 30-day period expires.
- The landlord must comply with the 30-day federal notice, even if the lease waives a 5-day state notice (SC law); and
- The federal requirement overrides any state minimum.
Recent Ruling
A recent ruling from the Virginia Court of Appeals (Woodrock River Walk LLC v. Rice, 82 Va. App. 355) found that the 30-day CARES Act notice period can run concurrently with the eviction process, so long as the actual set-out does not happen until after the 30 days expire. Virginia’s eviction process is a two-step process whereby the resident is not required to vacate the covered dwelling until the second step in the legal process. This is similar to both North and South Carolina’s processes. While this is a new and untested theory in North and South Carolina, and the Virginia ruling does not bind courts outside of its jurisdiction, there are similarities in the states’ eviction processes. This calls into question, “Would the courts of North and South Carolina rule similarly if faced with the same question?”.
The case states that the plain language of the CARES Act does not prevent a housing provider from filing a summons during the 30-day period following the issuance of a 30-day notice to vacate. The Court stated that a summons does not require a resident to vacate the premises. A housing provider cannot compel a resident to vacate until an officer executes a Writ of Eviction; thus, it is only the execution of a writ during the 30-day timeframe that would violate the CARES Act.
In theory, because Virginia, North Carolina, and South Carolina have similar eviction procedures, some theorize this approach could work in the Carolinas, but it is risky and not guaranteed to hold up in the courts. A court may reject the argument and rule that the 30-day notice must fully run before an eviction can even be filed. Additionally, it can be difficult to gauge the court schedules or sheriff’s office timelines. This means the actual execution of the Writ could be scheduled before the 30-days expire, requiring you to ask for a delay of the execution of the Writ. If denied, you may have to dismiss and refile your case.
There is also a risk that the Department of Justice or a court could see this approach as violating the CARES Act by treating the 30-day notice as a condition precedent to filing, not just a condition for the Writ. Because this is a new argument, it is ripe for appeal if challenged by a resident.
In conclusion, the CARES Act continues to shape how evictions are handled for covered properties across the country. Understanding the 30-day notice requirement and how it interacts with local rules and new legal theories is crucial for avoiding costly mistakes.
When in doubt, seek legal advice to make sure your notices, timing, and filing process comply with both federal and state law.
To learn more about the October 2025 notice relating to Fannie Mae and Freddie Mac’s enforcement of the 30-day CARES Act notice requirements, please see the following article.
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